Scope Statements
Commerce
Subject
Revising chs.
Comm 14,
40,
43,
45, and
60 to
66, relating to the Fire Prevention Code and the Wisconsin Commercial Building Code.
Objective of the Rule
The primary objective of this rulemaking project is to evaluate and update provisions of the
Fire Prevention Code, ch.
Comm 14, and the
Wisconsin Commercial Building Code, chs.
Comm 60-
66. This rulemaking update is to keep the codes consistent with dynamic, contemporary regional and national construction and fire prevention practices and standards and legislative initiatives enacted during the 2007-2008 session relating to public buildings and places of employment. In addition, the project will evaluate other administrative codes of the department that may be affected by the update of
Fire Prevention Code and the
Wisconsin Commercial Building Code, including at least chapters Comm 40, 43 and 45 relating to gas systems, anhydrous ammonia and mechanical refrigeration. This evaluation may result in changes and the update of rules under these chapters. The objectives of this rule project may be incorporated to one or more rule packages.
Policy Analysis
The Fire Prevention Code and the Wisconsin Commercial Building Code contain standards for the design, construction, maintenance, use and inspection of public buildings and places of employment. The most recent code updates are based upon the 2006 editions of model codes developed by the National Fire Protection Association and the International Code Council. The Fire Prevention Code adopts and references NFPA 1, Uniform Fire Code, and the Wisconsin Commercial Building Code adopts and references the International Building Code, IBC, the International Energy Conservation Code, IECC, the International Mechanical Code, IMC, the International Fuel Gas Code, IFGC, and the International Existing Buildings Code, IEBC. The Fire Prevention Code also establishes duties for fire departments and requirements for fire departments that receive dues payments from the Department
The primary purpose of the codes under consideration is to protect public health, safety, and welfare. Periodic review and update of the Codes is necessary to ensure that the Codes still achieve that purpose. In addition, the review and update allows the opportunity to recognize new construction products and practices. The review and update process will include evaluation of the 2009 editions of the above-mentioned national model codes for incorporation.
The primary alternative would be to delay the rule-review process. This delay would reduce the public benefits that would otherwise occur by beginning this review now.
Statutory Authority
Sections
101.02 (1) and
(15),
101.027,
101.10,
101.13,
101.14 (1),
(2) and
(4) (a),
101.16,
101.17,
101.132, and
101.973 (1) and
(2), Stats.
Entities Affected by the Rule
The requirements of the Fire Prevention Code and the Commercial Building Code impact all businesses, regardless of size, utilizing public buildings and places of employment in Wisconsin. The codes impact a variety of businesses particularly those businesses that design, build, or maintain commercial buildings; provide or produce building materials or components; own or occupy commercial buildings. The rule-making project may also affect those business that design, install, own or operate gas systems, anhydrous ammonia systems or mechanical refrigeration systems falling under the scopes of chapters Comm 40, 43 and 45.
Comparison with Federal Regulations
Fire Prevention
An Internet-based search for “fire prevention" in the Code of Federal Regulations identified the following existing federal regulations that potentially address fire prevention at places of employment in Wisconsin: 29CFR1910-Occupational Safety and Health Standards, 29CFR1926–Safety and Health Regulations for Construction, 30CFR56-Safety and Health Standards-Surface Metal and Nonmetal Mines, 30CFR57- Safety and Health Standards–Underground Metal and Nonmetal Mines, 33CFR127–Waterfront Facilities Handling Liquefied Natural Gas and Liquefied Hazardous Gas, 46CFR28-Requirements for Commercial Fishing Industry Vessels, 46CFR34-Firefighting Equipment (on tankships), 46CFR76-Fire Protection Equipment (on shipping vessels), and 41CFR102-Safety and Environmental Management (for federally owned and leased buildings). No changes to Comm 14 are expected to supersede those federal requirements, so no comparison is made here to those requirements.
An Internet-based search for “fire prevention" in the 2006 and 2007 issues of the Federal Register did not identify any proposed federal regulations that address fire prevention at public buildings or places of employment in Wisconsin.
Building
Code of Federal Regulations. An internet-based search for “federal commercial building code" and “building code regulations" in the Code of Federal Regulations did not identify any existing federal regulations that address these topics.
Federal Register. An internet-based search for “federal commercial building code" and “building code regulations" in the Federal Register did not identify any proposed federal regulations that address these topics.
Accessibility
Code of Federal Regulations. The portions of the Code of Federal Regulations relating to accessibility in commercial buildings and facilities include the following:
28 CFR 35-Nondiscrimination on the Basis of Disability in State and Local Government Services
28 CFR 36- Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities
24 CFR 1-Finals Fair Housing Accessibility Guidelines
The purpose of both
28 CFR 35 and
28 CFR 36 is to require the design and construction of commercial buildings in accordance with the regulations specified under the Americans with Disabilities Act Accessibility Guidelines (ADAAG). The purpose of
24 CFR 1 is to provide technical guidance on the design and construction of dwelling units as required by the federal Fair Housing Amendments Act of 1988. In Wisconsin those provisions are found in the Wisconsin Commercial Building Code through the adoption of the
International Building Code® (IBC). The intent of the
Wisconsin Commercial Building Code is to meet or exceed those federal laws and regulations.
Federal Register. The portions of the Federal Registers relating to accessibility in commercial buildings and facilities include the following:
The International Code Council (ICC) actively monitors changes to the federal standards affecting accessibility such that the IBC and the standards referenced therein remain in alignment with the most current provisions.
The Department must revise and update the current Wisconsin Commercial Building Code to stay abreast of and up to date with all those requirements.
Energy Conservation
Code of Federal Regulations. The portion of the
Code of Federal Regulations relating to energy conservation for commercial buildings and facilities is found under
10 CFR 420–State Energy Program. The purpose of this regulation is to promote the conservation of energy, to reduce the rate of growth of energy demand, and to reduce dependence on imported oil–through the development and implementation of comprehensive state energy programs. This regulation requires that each state's energy conservation rules for new buildings be no less stringent than the provisions of the 1989 edition of Standard 90.1–
Energy Standard for Buildings Except Low-Rise Residential Buildings from the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE). Each state is also required to certify to the Secretary of Energy that it has reviewed and updated the provisions of its commercial code to the specified standard. In Wisconsin those provisions are found in the
Wisconsin Commercial Building Code through the adoption of the
International Energy Conservation Code® (IECC).
Federal Register. As indicated in the July 15, 2002, Federal Register, the Secretary of the Interior amended the federal energy conservation regulations in 2002 by mandating compliance with the 1999 edition of the ASHRAE 90.1 standard. The current Wisconsin Commercial Building Code is in compliance and by reviewing the most current provisions of the model codes and standards, the Department will remain so. By staying abreast of the most current codes and standards, we do not risk being out of compliance with the federal regulations.
The Department must revise and update the current Wisconsin Commercial Building Code to stay abreast of and up to date with all those requirements.
Safety Standards for Glazing Materials
Code of Federal Regulations. The portion of the
Code of Federal Regulations relating to safety glazing material in commercial buildings and facilities is found under
16 CFR 1201–Safety Standard for Architectural Glazing Materials. This standard prescribes the safety requirements for glazing materials used in architectural products, such as doors, sliding glass doors, bathtub doors and enclosures, and shower doors and enclosures. The current
Wisconsin Commercial Building Code is in compliance and by reviewing the most current provisions of the model codes and standards, the Department will remain so.
Federal Register. An Internet-based search for changes to
16 CFR 1201 in the 2007 issues of the Federal Register did not identify any proposed changes to this standard.
Estimate of Time Needed to Develop the Rule
The Department estimates approximately 2000 hours will be needed to perform the review and develop any needed rule changes. This time includes drafting the changes – in consultation with the Comm 14 Council, the Commercial Building Code Council and the Multifamily Dwelling Code Council – and processing the changes through public hearings, legislative review, and adoption. The Department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
Corrections
Subject
The rule amends s.
DOC 309.466, relating to inmate release account funds.
Objective of the Rule
The objective of the rule is to expand the listed pre-release uses of inmate release account funds to permit the purchase of items or services which will assist the Department of Corrections and an inmate in the process of reentry to the community following an inmate's release from incarceration. In addition, the Department will review the maximum amount ($500.00) that can be accumulated.
Policy Analysis
The current rule limits the use of release account funds before release from prison to the purchase of clothing which is appropriate upon release and out of state transportation. The release fund is intended for use by an inmate upon release for housing, employment, and other needs. In addition, the current rule provides for a 15% deduction of all income earned by or received for the benefit of an inmate, except from work release or study release funds under chapter DOC 324. The release fund is capped at $500.00. The section of the rules has not been reviewed since 1986.
Statutory Authority
Entities Affected by the Rule
This proposed rule will affect inmates and the public, including the families of inmates, treatment providers, and other vendors who provide services to inmates and offenders.
Comparison with Federal Regulations
None.
Estimate of Time Needed to Develop the Rule
The Department estimates that it will take approximately 50 hours to develop this rule, including drafting the rule and complying with rulemaking requirements.
Employee Trust Funds
Subject
Revising s.
ETF 50.52 (1) (b) 3., relating to the age at which a person's long-term disability insurance benefits will be reduced because the person was eligible for a pension from the Wisconsin Retirement System but chose not to begin receiving the pension benefits.
Objective of the Rule
The long-term disability insurance (LTDI) plan of s.
ETF 50.40,
et seq., was created by the Group Insurance Board in 1992 in response to the federal Older Worker's Benefit Protection Act (OWBPA). That legislation amended the federal Age Discrimination in Employment Act (ADEA) to specifically prohibit employers from denying benefits to older employees. The WRS disability annuity benefit provided under s. §
40.63, Stats., was considered discriminatory because the older of two otherwise identically situated employees would receive a lower monthly disability annuity benefit. OWBRA required that new employees be covered exclusively under a plan, which could include long-term disability insurance, that complied with the ADEA (as amended). Existing employees could be allowed to choose between the new and the old, potentially discriminatory disability plans.
In the LTDI plan, a person's monthly long-term disability insurance (LTDI) benefits are reduced based upon actual receipt of a monthly annuity received from the Wisconsin Retirement System (WRS) which is based on the person's WRS-covered employment. Only the portion of the annuity actually taxable to the person operates to reduce the LTDI benefits.
Section
ETF 50.52 (1) (b) 3., is intended to encourage a person receiving LTDI benefits to apply for the WRS pension benefits for which the person is eligible. If a person is eligible, but chooses not to apply for the pension, and has reached normal retirement age, then the person's LTDI benefits are reduced by the amount of the normal form annuity available to the person.
The normal form of a WRS annuity, as provided by s.
40.23 (2m) (a), Stats., is a straight life annuity payable for the life of the annuitant. This is normally the annuity option paying the highest monthly benefit.
Normal retirement date is defined by s.
40.02 (42) as:
•
Age 53 for a protective occupation participant with 25 or more years of creditable service.
•
Age 54 for a protective occupation participant with less than 25 years of creditable service.
•
Age 62 for elected officials or executive participating employees.
•
Age 65 for all other employees covered by the WRS.
This rule-making will provide that the reduction of benefits under s.
ETF 50.52 (1) (b) 3. will never apply before age 62. If the person earned any creditable service with a normal retirement date later than age 62 (i.e., so-called “general" category of employment), then this particular reduction of benefits will not occur until that date is reached. This will be true regardless of the category of employment of the person's last WRS-covered employment or the category of employment in which the person was employed at the time the disability arose.
If a person actually begins to receive WRS pension benefits, then a separate reduction of LTDI benefits will apply under s.
ETF 50.52 (1) (b) 2., which is not affected by this rule-making.
Policy Analysis
This rule-making primarily benefits protective occupation participants who are entitled to LTDI benefits. Protective occupation participants are the only participants in the WRS whose normal retirement date is before age 62.
This rule-making also benefits a few persons who are entitled to LTDI benefits and who have earned their creditable service in the WRS under more than one category of employment, if one of those categories is the so-called “general" category. The general category includes all persons who are not protective occupation participants, elected officials, or executive participating employees. For example, teachers and educational support personnel are general category employees.General category employees are the only class with a normal retirement date older than age 62.
Although any reduction in benefits associated with age is potentially discriminatory, this rule-making allows the LTDI program to take advantage of a specific “safe harbor" in federal age discrimination law. Title 29 U.S. Code s. 623(l)(3)(B) allows a long-term disability benefit plan to reduce benefits based upon pension benefits for which the individual is eligible, provided the person has reached the later of age 62 or normal retirement age.
The proposed rule differs from current Department practice in that it will rely on the latest normal retirement date of all that apply to the individual's WRS career not just the normal retirement date associated with the most recent employment.
Statutory Authority
Entities Affected by the Rule
The only persons affected by this rule are those who meet all of the following criteria: (1) are entitled to receive long-term disability insurance benefits; (2) who are eligible for but not yet begun receiving a pension benefit from the Wisconsin Retirement System, and whose normal retirement date is under age 62. Protective occupation participants are the only class of WRS participants whose normal retirement date is under age 62. The normal retirement date will be the latest, not the earliest, one applicable to the person. This change will affect only the relatively few persons who have service in different categories of employment, and then only if the person had service in the general category with its age 65 normal retirement date.
Comparison with Federal Regulations
The federal safe harbor provision concerning reduction of long-term disability benefit based on eligibility for pension benefits is found only in
29 USC 623(l)(3), not in federal regulations. This portion of the federal statute prohibiting age discrimination reads:
(3) It shall not be a violation of subsection (a), (b), (c), or (e) of this section solely because an employer provides a bona fide employee benefit plan or plans under which long-term disability benefits received by an individual are reduced by any pension benefits (other than those attributable to employee contributions)--
(A) paid to the individual that the individual voluntarily elects to receive; or
(B) for which an individual who has attained the later of age 62 or normal retirement age is eligible.
Estimate of Time Needed to Develop the Rule
The Department estimates that state employees will spend 60 hours to develop this rule.
Government Accountability Board
Subject
Creating ch.
GAB 13, relating to the training of election officials, including inspectors (other than chief inspectors), special voting deputies and special registration deputies.
Objective of the Rule
Under s.
7.315, Stats., “The board shall, by rule, prescribe the contents of the training that municipal clerks must provide to inspectors, other than chief inspectors, to special voting deputies appointed under s.
6.875, and to special registration deputies appointed under ss.
6.26 and
6.55 (6)." And “Each inspector other than a chief inspector and each special voting deputy appointed under s.
6.875 and special registration deputy appointed under s.
6.26 or
6.55 (6) shall view or attend at least one training program every 2 years.
Policy Analysis
With the many recent changes in election law, the legislature has determined that all persons who act in the capacity of an election official, including inspectors, special voting deputies and special registration deputies, need to receive up-dated training in election law. To prescribe that training and to ensure that each election official receives the required training, as the statute requires, the Board proposes to adopt this rule.
Statutory Authority
Entities Affected by the Rule
All municipal clerks and the staff of the City of Milwaukee Board of Election Commissioners will be affected by the rule in that they are required to provide the training that is the subject of this rule and any person seeking to act as an election official will be affected by the rule because they are required to complete the training that is the subject of this rule.
Comparison with Federal Regulations
The federal government does not regulate local election officials and does not have federal regulations that apply to the election training of local election officials. Although federal law does not have a comparable provision for the training of local election officials, federal law - the Help America Vote Act of 2002 or “HAVA," (Public Law 107-252, Oct. 29, 2002) – has mandated the training of election officials and poll workers in each of the 50 states.
Estimate of Time Needed to Develop the Rule
At least 80 hours of state employees' time.
Regulation and Licensing
Subject
Revising ch.
RL 16, relating to the use of department- approved real estate contract forms to provide clarification relating to the ability to alter or change such forms.
Objective of the Rule
To provide additional clarification to the rules relating to the ability to alter or change department-approved real estate contract forms.
Policy Analysis
Existing rules relating to the use of department-approved real estate contract forms can be found in ch.
RL 16, which provides requirements on the ability to produce or print a department-approved real estate contract form. This rule change would provide additional clarification as to how the department-approved forms may be altered or changed.
Statutory Authority
Entities Affected by the Rule
Real estate licensees.
Comparison with Federal Regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Estimate of Time Needed to Develop the Rule
100 hours
Transportation
Subject
Amending s.
Trans 250.04, relating to the fee for obtaining an oversize and/or overweight routing permit or permit amendment that is applied for or issued by Internet or telephone call-in procedures.
Objective of the Rule
2003 Wisconsin Act 33, Section
2604, amended s.
348.25 (8) (e), Stats., to provide that the amount of the fee is to be established by the Department by rule, and shall approximate the cost to the Department for providing this service. The current $5 fee was based on the Department's cost to provide telephone and internet service in 2003. Recently, the Department has determined that the current actual cost per transaction is about $1.49, but that is subject to change in the future as the Department's annual cost assessment indicates.
The Department proposes to amend s.
Trans 250.04 to establish that the Department shall determine the fee annually to approximate the cost to the Department for providing the transaction, not to exceed $5 per transaction. In determining the fee per transaction for the current year, the Department shall review, from the previous year, the total cost of the service, the number of transactions, and other material factors. The current fee shall be published on the Department's internet web site and in communication materials distributed to eligible motor carriers. This approach is modeled on ch.
Trans 196 language that was promulgated in 2005 for Internet and phone registration renewal transactions.
Policy Analysis
The Department has successfully implemented fee calculation and publication under ch.
Trans 196. The Department proposes similar treatment of the convenience fee for oversize/overweight permit applications by internet and telephone call-in procedures.
Statutory Authority
Entities Affected by the Rule
Motor carriers who apply for oversize/overweight permits.
Comparison with Federal Regulations
No federal regulations relate to this fee.
Estimate of Time Needed to Develop the Rule
20 hours
Workforce Development
Subject
Revising ch.
DWD 56, relating to child care enrollment underutilization.
Policy Analysis
The Department projects a potential current year deficit in the child care subsidy program of $18.6 million if no corrective measures are taken. Due to this projected budget shortfall, the Department proposes to reinstate the child care enrollment underutilization policy that was in effect April to October 2007. The underutilization policy was implemented in response to a significant 06-07 budget shortfall and was withdrawn in October 2007 upon passage of
2007 Wisconsin Act 20.
The current methodology for authorizing payment to licensed providers has caused the child care subsidy program to pay for significant amounts of time when care is not actually being provided. The proposed rule will control costs by reducing payments to licensed child care providers for authorized child care services that are significantly underused. The rule will repeal the presumption of enrollment authorization for licensed providers and provide that a local child care administrative agency shall authorize on either an enrollment or attendance basis as follows:
•
The agency shall authorize the number of hours needed on an enrollment basis if the need for care is anticipated to be approximately the same number of hours each week.
•
The agency shall authorize payment based on the hours of actual attendance by each child if the need for care is anticipated to vary from week to week or if the child has a history of variable attendance.
•
The agency may authorize payment on the hours of actual attendance if the agency has documented 3 separate occasions where the provider significantly overreported the attendance of a child.
For any week in which a child whose authorized payments are on an enrollment basis attends less than 50% of the of the authorized hours of care, payment will be made on the basis of actual hours of attendance used, unless the agency determines that the absence is for a reason approved by the Department, such as short-term illness of the child or death in the family.
This rule will also increases the penalties for a provider who submits false or inaccurate attendance reports. The current s.
DWD 56.04 (5) (c) allows for the child care administrative agency to refuse to issue new child care authorizations to a provider for a period of time not to exceed 6 months, revoke existing child care authorizations to the provider, or refuse to issue payment to the provider until the violation is corrected. The proposed rule will provide additional penalties in the following situations:
•
If it is the provider's second documented instance of submitting an inaccurate attendance report or the inaccurate report resulted in or would have resulted in an overpayment of $1,000 or more, the agency may refuse to issue new child care authorizations to a provider for a period of time not to exceed 1 year.
•
If it is the provider's third or subsequent documented instance of submitting an inaccurate attendance report or the inaccurate report resulted in or would have resulted in an overpayment of $5,000 or more, the agency may refuse to issue new child care authorizations to a provider for a period of time not to exceed 5 years.
Statutory Authority
Entities Affected by the Rule
Licensed child care providers and families who receive assistance under the child care subsidy program and receive child care services from a licensed provider.
Comparison with Federal Regulations
None
Estimate of Time Needed to Develop the Rule
300 hours
